Frequently, the Arizona Registrar of Contractors receives complaints from homeowners who were unaware that access to AZ ROC’s complaint, mediation, and contract disciplinary procedures, as well as the Residential Recovery Fund for reclaiming lost funds, is restricted to those who have hired a licensed contractor. Unfortunately, these protections are only available to those who hire a licensed contractor.
Therefore, if an unlicensed contractor is hired and working on a homeowner’s property and there’s an accident, the homeowners themselves may be liable in most situations. Here’s a list of liabilities you may be subject to:
- Legal Penalties: In the state of Arizona, contracting without a license is considered a class 1 misdemeanor. If caught hiring an unlicensed contractor, you may face fines or legal consequences for violating laws and regulations.
- Lack of Insurance Coverage: Unlicensed contractors often do not carry liability insurance or workers’ compensation coverage. Meaning if someone is injured on your property, you may be responsible for covering the cost.
- Voided Warranties and Guarantees: Manufacturers or suppliers often offer warranties or guarantees on materials used in landscaping projects. However, these warranties may become void if an unlicensed contractor does the work.
- No recourse for disputes: If you encounter issues with the work performed by an unlicensed landscaping company, you may have limited recourse for resolving disputes. Legal Avenues for Recourse, such as filing complaints with licensing boards, might not be available since any governing body does not regulate them.
- Liabilities for Subcontractors: Unlicensed contractors may use unqualified subcontractors to complete the work, which could lead to additional risks and liabilities for you as the homeowner.
So, if you’re looking to hire a landscaping service (or even landscaping maintenance), here are the steps you should take to ensure you’re fully protected. First, ensure the landscaping service is licensed. You can do so by heading to www.roc.az.gov and searching for the contractor. In doing so, you remove a majority of your personal liability. In addition, before hiring a service, it is important to see if they are insured. Worker’s compensation insurance provides protection in the event that a worker employed by a contractor sustains an injury while working on your property. Lastly, ask yourself: do their references and portfolio inspire confidence? It’s important to do research about a contractor’s past work. A “track record” of their accomplishments can be demonstrated using photos of completed projects, examples of community work, and awards won.
If you follow these steps, you are guaranteed to find a contracted, protected landscaping service that can provide expertise and resources to enhance the aesthetic and value of your property. If you wish to view our license, head to www.roc.az.gov and search for ROC# 304521.
